AJIT RAI REHAL Vs. MANGAL DASS

JUDGEMENT

(1.) This is a regular second appeal which has been pending in this court since 1982. The regular second appeal is permissible only when a substantial question of law is involved. During all these years, that is, for the last 31 years, no sincere efforts seem to have been made by any of the party to address the court with regard to the formulation of substantial question of law.

(2.) I have heard Mr. Pramod Ahuja, the learned counsel for the appellants on the formulation of substantial question of law. It has been stated by him that substantial question of law which is purported to be arising from the present appeal is as under :-

(3.) In order to appreciate as to whether the aforesaid question arises from the present appeal and as to whether it needs any consideration to be given by this court, it will be pertinent to mention the brief background of the case. Respondent No.1 herein, Mangal Dass s/o Mukand Lal (since deceased) now represented by his LRs filed an eviction petition under Section 14 (1) (k) of the Delhi Rent Control Act, 1958 (in short 'the Act') against the appellants. The aforesaid Section of the Act envisages that in case the leasehold property is used by a tenant in contravention of the superior lease granted to the landlord by the lessor then the tenant would be liable to eviction, in case after receipt of a notice from the landlord to stop the said misuse, he persists with the same. The relevant clause of the Act reads as under :-